지식재산권의 소유권성에 관한 검토

This study is to understand the essence of intellectual property rights. Accordingly, looking at the historical development of intellectual property right, and looking at the discussion of the essence through the comparison of ownership. The historical development of intellectual property are as follows. First, the value of intellectual products were rising, people were trying to do this monopoly. And then it occurred discussion on the essence of the intellectual property.. There was discussion of the various theories such as utilitarianism theory and the theory of natural rights theory, it is trying to find the essence of intellectual property continues even today. However, to clarify the nature of the intellectual property is difficult, it is necessary to look into the property rights with the features of the various elements. The reason is that intellectual products have become even include human as well as economic interests of creative value. In addition, intellectual property has the characteristics such as creativity, no identity, and excluded non-parenteral synthesis. According to this aspect of the present intellectual property it is addressed in accordance with a real right. But the question is how much intellectual property is consistent with the requirements of a real right. Accordingly, in comparison with the ownership and intellectual property rights and looked at the nature of intellectual property rights. Also it was to present specific basis for the protection of intellectual property rights, to take into account the specifications of the product was intellectual property to provide the rationale for relationship of rights and duties.